司法的亲历性

On Judicial Experience

司法亲历性是司法的重要原理,也是司法规律中行为规律的重要内容,它由司法的诸多特点所决定,在司法制度、诉讼制度中居于重要地位。司法亲历是司法人员身到与心到的统一、司法人员亲历与人证亲自到庭的统一、审案与判案的统一,也是亲历过程与结果、实体与程序的统一。其基本要求是直接言词审理、以庭审为中心、集中审理、裁判者不更换、事实认定出自法庭、审理者裁判、裁判者负责。司法亲历主要适用于普通程序特别是事实有争议、被告人不认罪案件一审的庭审,其中事实认定是重中之重。司法亲历性要求改革完善人民法院审判委员会制度和人民检察院办案机制。

Judicial experience is the important principle of justice and important content of behavioral rule in judicial rule, which is determined by the many characteristics of justice and dominates in the judi- cial system and litigation system. Judicial experience is the unity of presence of body and presence of heart for judicial official, the unity of judicial official experience and attendance of witness, and the unity of substantial law and procedural law. The basic requirement is direct verbal trial, centering on court hear- ing, centralized trial, unchanged judge, fact finding from court, decision made by judge and responsibili- ty of judge who makes a decision. Judicial experience is applicable to ordinary procedure, especially first instance that there is a dispute in facts or the defendant pleads not guilty, in which the fact finding is the most important. Judicial experience requires reform and perfection of the judicial committee system of the people＇s court and the handling mechanism of people＇s procuratorate.